Columbia Circuit vacated the anti-blocking and anti-discrimination aspects of the Open
Internet Order. Netflix saw its share price drop by 5% on the morning of the news and by
13% from its pre-Christmas peak as analysts envisioned “hundreds of millions of dollars in
data subsidies” (
SNL Kagan, 2014b). This followed an early January announcement by
AT&T allowing content providers the ability to pay for customers’ data use, a clear exam-
ple of behavior such regulations were trying to prevent. Zero-pricing was clearly under
threat.
In March 2015, the FCC responded to the courts by setting strong rules in favor of net
neutrality (
FCC, 2015). These included regulating broadband Internet access providers
under Title II of the Communications Act, giving ...